Eastern District of Pennsylvania Filing Bundling Requirements

All grounds for relief must be set forth in a single comprehensive motion; motions (e.g., motion to dismiss) shall not be divided into separate motions per count.

Source text: All grounds for relief should be set forth in a single, comprehensive motion. A motion to dismiss, for example, should not be divided into separate motions for each count, but rather should include all bases for relief.

For jury trials, parties must file proposed voir dire, jury instructions, and verdict slip concurrently with pretrial memoranda.

Source text: for jury trials, the Court requires that the parties file proposed voir dire, proposed jury instructions, and a proposed verdict slip at the same time as their pretrial memoranda.

For non-jury trials, parties must file proposed jury instructions, verdict slip, and findings of fact/conclusions of law with pretrial memoranda, with findings supplemented after trial.

Source text: For non-jury trials, the Court also requires proposed jury instructions, a proposed verdict slip, and proposed findings of fact and conclusions of law because it helps the parties and the court to frame the issues to be addressed and the law controlling on those issues. The initial proposed findings then are supplemented after trial with reference to the record.

Motions in limine must be filed as a single omnibus motion.

Source text: If any motions in limine are filed, the motions shall be filed as one omnibus motion

Joint appendix required for multiple summary judgment motions.

Source text: When more than one party intends to move for summary judgment at the same time, the parties shall submit a joint appendix containing all the exhibits that will be referenced in any party's motion.

Supplemental joint appendix required for multiple response parties.

Source text: When more than one party intends to respond, the parties shall submit a supplemental joint appendix containing all the exhibits that will be referenced in any party's response.

Joint appendix must be filed separately on same day as first summary judgment motion.

Source text: When the parties are relying on a joint appendix, the parties shall file the joint appendix in its own ECF entry separate from the ECF entry in which any party has filed its motion or response. The joint appendix shall be filed on the same day the first motion for summary judgment is docketed.

Discovery must be completed before arbitration; no discovery or dispositive motions after arbitration unless motion was filed before and unresolved.

Source text: The parties are expected to complete all discovery prior to the date of the arbitration hearing. Upon demand for trial de novo from an arbitration award, the Court will issue a scheduling order setting the date for trial at the earliest date available to the Court. Ordinarily, discovery will not be allowed after the arbitration hearing is held. Nor will dispositive motions be allowed after the arbitration hearing unless the motion was filed prior to the arbitration hearing and left unresolved.

Each exhibit must be submitted as a separate document; bundling exhibits into a single file is prohibited and will result in the filing being struck.

Source text: When submitting exhibits via ECF, Parties should submit each exhibit as a separate document on the CM/ECF system, rather than as a single file. If Judge Wolson receives a filing with a single document marked 'Exhibits,' he will strike the filing.

Daubert motions must be filed by 7 days before final pretrial conference and contemporaneously with summary judgment motions based on expert testimony admissibility.

Source text: Daubert motions must be filed as soon as practicable, but no later than seven (7) days before a scheduled final pretrial conference. If a party’s motion for summary judgment, or an opposition thereto, is based in whole or in part on an argument that expert testimony is not admissible, then the party must raise such argument in a contemporaneous Daubert motion.

Exhibits must be pre-marked, exchanged, and compiled into a joint exhibit book with electronic copy for final pretrial conference.

Source text: Exhibits must be pre-marked and exchanged in advance of trial. In civil cases, the parties will prepare one joint exhibit book with all exhibits that counsel may use at trial. The joint exhibit book must contain an exhibit list briefly describing each exhibit. Counsel should provide the joint exhibit book as a hard copy and electronically on a thumb drive to the Court at the final pretrial conference.

One set of pre-marked trial exhibits required; provide two copies to Judge.

Source text: Counsel are to meet and confer to prepare one set of pre-marked trial exhibits for use at trial. The use of duplicate exhibits at trial is discouraged as inefficient and confusing. Counsel should provide Judge Straw with two (2)

Parties should collaborate to create a single numbered exhibit set for trial.

Source text: Judge Beetlestone strongly suggests that the parties work together to prepare a single set of sequentially numbered trial exhibits, without regard for who will propound the exhibit at trial.

Multiple plaintiffs or defendants must file joint motions unless conflicts exist.

Source text: Multiple plaintiffs or multiple defendants must file joint motions with their co-parties, unless there are conflicts in their position.

No Rule 16 conference or scheduling order in arbitration track cases (except de novo appeals).

Source text: Judge Schmehl will not hold a Rule 16 conference or issue a scheduling order in arbitration track cases, unless there is a de novo appeal from an arbitration award.

Joinder in substantive motions of other parties is strongly disfavored and normally not permitted.

Source text: Judge Younge strongly disfavors joinder in the substantive motions of other parties, and normally does not permit such.

Replies and sur-replies must be filed no later than 7 days after the previous filing.

Source text: Any replies or sur-replies must be filed as soon as practicable, but in any event, no later than seven (7) days after the previous filing.

Co-plaintiffs and co-defendants must file joint motions unless clear conflicts exist, and individual page limits apply to joint pleadings.

Source text: When multiple plaintiffs or defendants appear in a case, they must file joint motions with their co-parties unless there are clear conflicts in their position. The applicable page limits for individual parties shall apply for joint pleadings absent leave of Court.

Reply and sur-reply briefs are discouraged unless necessary to address unanticipated issues

Source text: Reply and sur-reply briefs are strongly discouraged unless it is apparent on the face of the submission that such additional briefing is necessary to rebut an issue or point of law not anticipated in or otherwise discussed in the initial briefs.

Motions in limine should be bundled with the final pretrial memorandum and are usually addressed at the final pretrial conference.

Source text: Motions in limine should be filed with a party’s final pretrial memorandum and will usually be ruled upon at the final pretrial conference, unless it is appropriate to defer a ruling until some time during the trial.

Cases should be tried within 1 year of filing, or 2 years if extended pretrial proceedings are necessary.

Source text: The Court intends that most cases should be tried (if not settled) within one year of filing. If extended pretrial proceedings are necessary, every case should reach trial no later than two years after the date of filing. Exceptions will be necessary only when there have been interlocutory appeals or other unusual pretrial procedures.

Sidebar conferences are prohibited unless essential; most issues can be resolved by open court objections or pretrial motions.

Source text: Sidebar conferences are exceptionally disruptive to the normal flow of a trial and often raise questions in the jury’s mind as to why counsel need to talk to the Judge out of their hearing. Judge Baylson does not allow sidebar conferences, unless he believes it is essential at that time. Experience has shown that 99% of the occasions on which counsel ask for sidebar conferences can be resolved by an objection in open Court, or could have been raised either by a pretrial motion in limine or prior to the start of Court that day or at a recess.

Joint exhibit binder preferred but not required.

Source text: A joint exhibit binder is preferred but not required.

Supplemental, reply, and sur-reply briefs may be filed without leave, but consideration begins after initial opposition.

Source text: Supplemental briefs, reply briefs, and sur-reply briefs may be filed without seeking leave, but once an initial opposition brief has been filed, the Court will begin considering the merits of the issue.

Appendix should be filed in same ECF entry as motion or response when practicable.

Source text: Insofar as practicable, a movant shall file its appendix in the same ECF entry in which the movant files its motion or response.

Criminal cases don't require exhibit exchange or joint binders, but must follow formatting rules.

Source text: In criminal cases, the Court ordinarily does not expect defendants to exchange exhibits with the Government ahead of trial or to prepare joint exhibit binders. Criminal defendants and the Government should, however, prepare their exhibits in compliance with the formatting requirements set forth in the preceding paragraph.

Motions to preclude evidence key to summary judgment may be filed concurrently with the summary judgment motion or response.

Source text: If there are any evidentiary issues that may be key to the resolution of a motion for summary judgment, parties may file motions to preclude such evidence as separate motions at the same time as their motion or response. Judge Scott may consider the evidentiary motion jointly with the motion for summary judgment, or she may hold the motion under advisement until the case approaches trial.

Court may rule without waiting for reply or sur-reply briefs

Source text: The Court will not necessarily delay its decision while awaiting a reply or sur-reply brief.

Trial pool date is when parties should be prepared to start trial; actual date depends on ongoing trials and pending dispositive motions.

Source text: The “trial pool date” is the date on which the parties should be prepared to start trial. The actual trial date is usually discussed as part of the final pretrial conference (see above). If possible, the Court will set a specific date, but the actual start of a trial may depend on completion of an already on-going trial. If dispositive motions are still pending, a new trial pool date will be set if the dispositive motion is denied.

Voir dire may be scheduled days before lengthy trials; counsel exchange questions and may conduct voir dire without Judge present.

Source text: Voir dire may be scheduled several days prior to the start of a lengthy trial, to give jurors the opportunity to make arrangements with their employers or families. Counsel shall exchange proposed voir dire questions with each other and may be required to conduct the voir dire themselves without the Judge present in the Courtroom.

General yes/no questions asked to entire panel; those answering yes provide details.

Source text: General questions, answered “yes” or “no,” shall be asked of the entire panel, and those members of the panel who answer “yes” shall details behind their “yes” answer to a specific question.

Questioning ceases when sufficient jurors remain; counsel make alternating strikes; jury seated in courtroom sequence.

Source text: Once there is a sufficient number of jurors to allow for the Court to rule on any unresolved challenges for cause and for preemptive strikes, the questioning shall cease, and counsel shall make strikes on an alternating basis, following which the jury will be seated in the jury box in the same sequence as seated in the courtroom and sworn.

Parties must inquire about offers of proof from opposing counsel before trial; dissatisfied parties must file motion for relief.

Source text: If any party desires an “offer of proof” as to any witness or exhibit expected to be offered, that party shall inquire of opposing counsel prior to trial for such information. If the inquiring party is dissatisfied with any offer provided, such party shall file a motion seeking relief from the Court prior to trial.